The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-02-03

called to him, although 1 had been anx-
i0usly watching the prisoner for hours,
was startled. and should have had no hes
itation in declaring him the prisoner, an6
SO deeply was I impressed, that the sigh
alone of the prisoner in his accustomed
place could have satisfied me of my error
Upon discovery of my error, my mind al
once suggested that the stranger was in
his place in full view of the Court and
jury, for purpose which would afterwards
be developed in the course of the defense
But was mistaken. No reference was
made to him. The case went to the jury,
and the stranger disappeared and was no
more seen. If counsel for defence had
seen him (they were seated rather behind
him) they could not have presented to the
jury stronger illustration of
MISTAKEN IDENTITY.
The Dispatch of the 22d has the follow
ing, which we reproduce to strengthen the
view that circumstantial evidence ought
not to convict Of murder in the first de-
gree
1t having been rumored that there is a
lady in this city who had expressed will
ingness to go before the Governor on the
14th and say that she saw Cluverius at
Mozart Hall on the night of March 18th
1885, a Dispatch reporter sought her at her
home on Marshall street yesterday and got
from her the following statement
was well acquainted with T. j. Cluve-
rius, and knew him for several years. He
was my escort to Richmond college the
night he took his first honors there, and l
often met with him afterwards. I was at
the Mozart Hall with my husband on the
night of the 18th of March, 1885. and saw
in the audience gentleman that I took to
be Mr.. Cluverius. He was as much like Gu.
verius as one person can be like another
The following morning at breakfast told
my mother that Mr.. Tommie Cluvelius
was in the city, and l said II saw him last
night at Mozart" Myself and husband
went to the Mozart very often that sea-
son. A few nights after this, and after
Cluverius was arrested, I was again at
the Mozart hall. The house was packed
with people, and I remember remarking
to my husband ''Look, did you ever see
so many people as are here tonight ?'' and
as | glanced over the crowd | saw gen
tleman who looked like Cluverius, and l
called my husbands attention to him and
he inquired us that the same person
that you saw on the other night ?" I was
much struck with the resemblance. but l
could not say that it was the same gentle
man lit may have been, but I can't say
that it was 7. J. Cluverius that 1 saw on
the night Of March, 18th at the Mozart.
You can say in your paper. and rest as
sured that if one word of mine could have
saved him, I would not have waited to be
summoned as witness, but would have
readily made known the fact to the proper
Mrs. Tunstall left yesterday for her home
at Little Plymouth, in King and Queen.
She says she will not receive one cent CT
the money from the sale of Cluverius'
book that she has enough to take care of
her the balance of her life, and that the pro-
ceeds of the book sale will go to Willie
Cluverius and his parents.
Mrs. Tunstall has been heard to say that
the regret of her life is that she did not re-
main with the prisoaer at the Jail during
the last hours Of his life.
A dispatch from Milwa ukee, Wis, dated
January %, furnishes the following evil
dence of the danger of depending upon cir
cumstantial evidence, and especially the
testimony Of detectives to make out case,
where capital punishment is involved:
Three years ago next May. Mahlon Nc
Cullough and William Puetz two boys
connected with some of the leading fami-
lies Of Bay View, were sent to the state
prison for three years upon conviction of
having shot and robbed. August Grothe,
a street car driver. To-day Father Deck
er, pastor of st. Anthony's Church, an
not noes that the boys are innocent, and
that the guilty man has made himself
known to him through the confession
He refuses, however, to divulge the name
of the latter, but has asked Governor Ruck
to pardon Puetz and Mccullough. The as
sault on CIR )the was made one dark night
in the suburbs of this city, in true high
wayman style. Grothe refused to surren-
der his change box and was. shot, it was
supposed, fatally. At the sight of the
bleeding body Mrs. Grothe became a ra-
wing maniac, and is now confined in an
asylum. At the trial the detectives tes-
tilted that the boys confessed their part in
the attack and robbery. Puetz and McClu1
Tough say that the confession was forced
from them :; that for ten days they were
beaten, starved, hung up by the thumbs
and-otherwise i'll treated. and that they
confessed to escape starvation. Twenty
witnesses testified to an alibi, but they
were convicted. Mccullough is said to be
dying from consumption.
In the last issue of the Baltimore Bdp
list Ito which journal he is a regular con-
tlioutor) Rev. Dr. Hatcher has letter on
the last days of Cluverius. After sketch
ing the case very briefly, the Doctor says
1t fell to my lot to be the prisoners pas
tor in his prison life, and as one of those
who were left in doubt as to the justice Of
his sentence. I found my position one Of
Undesirable perplexity and sadness.
sought honestly to probe his heart and
bring out his bloody secret if it was their
In that unpleasant task | had the help Of
some and the constant counsel of others
If my methods were not wise, they wert
at least approved by men whose judgment
and wisdom 1 have learned to trust il
other things. The prisoners family
while protesting their belief in his limo
cence, supported me thoroughly in my en-
deavor to lead him to an open confession
of any connection that he might have
with the murder.
But he was steadfast and infexible il
the avowal of his innocence. He stood
| like fortress, and neither warning, en-
treaty, nor the dread sight of the galows
on the open gateway of eternity, coult
drive him to confession. The oligira
believers in his guilt, maintained at frs
that it was the hope of escape from hi
doom which sealed his lips, and confident
ly predicted that with the death of Lii
earthly hope would come the confession o
bis guilt. Hope died, but the confession
| novar oamn Thew wara willing to al ak